Sandiganbayan sets March 3 trial for Zaldy Co in ₱289-M malversation case

The Sandiganbayan Sixth Division has set the trial of former Ako Bicol party-list Rep. Zaldy Co and his 15 other co-accused in the alleged substandard P289-million flood control project in Naujan, Oriental Mindoro on March 3.

This developed after the Sixth Division, in its February 10 order released on Monday, February 16, stated that the hearings concerning the bail petition filed by nine former Department of Public Works and Highways (DPWH) of the 16 accused in the case has ended because the prosecution already told the anti-graft court that they have no more testimonial evidence to present with respect to the pending Petition for Bail of the accused.

“Accordingly, the prosecution is hereby given a period of two days from today within which to submit its Formal Offer of Documentary Evidence, copy furnished the defense, who are each given a period of two days from receipt of a copy of the same within which to file their respective comments and opposition thereto. Upon the expiration of the aforesaid period, the prosecution's Formal Offer of Documentary Evidence on the Petition for Bail shall be deemed submitted for resolution,” the Sandiganbayan said.

“Upon resolution by the Court of the said Formal Offer, the parties are hereby given a period of three days from receipt of a copy thereof, within which to file their respective memorandum, if so minded. Upon the expiration of the said three-day period granted by the Court, with or without the said memorandum, the Petition for Bail shall be deemed submitted for resolution. In the meantime, [we have ] set this case for presentation of evidence in chief for the prosecution on March 3 and March 5, 2026, and thereafter, every Tuesday and Thursday, all at 8:30 in the morning,” the anti-graft court added.

The respondents who filed a bail petition include:

• Gerald Pacanan, former Regional Director IV of the DPWH Region IV-B from January 11, 2022 to August 31, 2025;
• Gene Ryan Altea, OIC, Office of the Assistant Regional Director of the DPWH Region IV-B from May 9, 2023 to December 20, 2023, and was appointed as the Assistant Regional Director of the said DPWH Regional Office from December 21, 2023 to September 16, 2024;
• Montrexis Tamayo, OIC, Office of the Division Chief, Planning and Design Division of the DPWH Region IV-B from May 9, 2023 to September 17, 2024; appointed as Chief of the Planning and Design Division from September 18, 2024 to April 22, 2025; designated as OIC, Office of the Assistant Regional Director of the DPWH
• Juliet Calvo, Chief of the Maintenance Division, DPWH Regional Office IV-B from November 7, 2022 up to the present, until the time of the filing of the instant case;
• Dominic Serrano, Chief of the Construction Division, DPWH Regional Office IV-B from August 4, 2009 to September 9, 2025;
• Dennis Abagon, OIC, Quality Assurance and Hydrology Division of DPWH Regional Office IV-B from December 16, 2022 to April 22, 2025;
• Lerma Cayco, Accountant IV of the DPWH, Regional Office IV-B from November 25, 2008 to present or until the filing of the instant case;
• Felisardo Casuno, designated Project Engineer of the project under Contract ID No. 24E00047 which is the subject of the present case; and
• Ruben Santos, Jr., OIC, Office of the Assistant Regional Director from September 18, 2024 to November 24, 2024 and Assistant Regional Director of the DPWH Regional Office IV-B from November 25, 2024 up to the time of the filing of the instant case.

During the bail hearing, Commission on Audit (COA's) Region 4B auditor Victoriano Acosta testified that (COA) issued a notice of disallowance worth P84 million out of the P289 million budget for the alleged substandard road dike flood control project in Naujan, Oriental Mindoro.

The notice of disallowance was among the attachments to Acosta's judicial affidavit.

In addition, Acosta testified that the P289 million flood control project was “constructed not in accordance with plans and specifications.”

The counsels for the respondents in the Oriental Mindoro flood control case, in response, said that the notice of disallowance is appealable and therefore, not a final finding.

Acosta agreed that a notice of disallowance is subject to an appeal. —LDF, GMA Integrated News